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VOL XLVI TNO 4-- NEWBERRY, S. C.. T-UESDAY. JANUTARY 12. 1909. TIEAWE.S5AYA
IAN ELECTIONS FOR
GENERAL ISSEMBLY
SEVERAL JUDGES, CHIBF JUS
TICE AND OTHER PLACES.
Session of the General Assembly in
1909 Will be Occupied With
Many Matters.
Today at noon the general assem
bly of the State of South Carolina
will convene for a session of probably
legs than 40 -gays, says the Columbia
State., There is meh to bre consid
ered, but it is thought that as the
members get a flat salary of $200 per
session instead of $4 per day for not
more than 40 days as heretofore, the
business will be accomplished. wit'h
more dispatch.
Mention has been made from time
to time of the principal mattei-s to
* be considered. The public will look
forward with interest -to the fate of
he bill providing for tax reform, the
prohibition bill, the repeal of the lien
aw, the increase in the -salaries of
State offleers, the erection of another
building for the State officers, the
eompusory education law and many
otihers.
A great deal of the time, however,
is going to be taken up with the sev
eral elections. The resignation of
Chief Justice Pope has changed the
ealoulations of many who have fig
raTed on their friends for various judi
Cial positions. Should a member of
the supreme bench be raised to that
position it will also be necessary to
elect his suecessor.
The circuit judges to be selected at
this session are :t'he successors 1o
dge D.* E. Hydriek of the seventh
cireuit, -whose term expires on Decem
ber 15, 1909; Judge R. W. Mem
minger of Charleston. of the Ninth
eireuit, whose term expires on Feb
ruary 17, and Judge George E.
Trince of Anderson, cf the Tenth cir
*uit, whose tearm expires on the same
date.
The above are elected during the
first session of the general assembly,
and there are s-veral others to be
hosen in 1910.
Those who terms expire in 1910
are: Judge Robert Aldrich of Barn
well, of the Second eireuit, who was
~leeted as sucessor .to Judge James
Aldrieh, resigned; R. C. Watts of
C~heraw, of the Fourth circuit, whose
Sterm expires; Jno. -S. Wilson of Man
nig, of 'the Third circu<it, .who sue
'eeeded Judge R. O. Purdy, resigned;
Geo. W. Gage of rbester, of' the
Sixth circuit, and J. C. Klugh of Ab
beville, of the Eighth circuit.
The term of Associate Just.ice Ira
B. Jones of Lancaster also 'expires in
1910. Justice Jones is serving his
second term.
The terms of three members of the
*penitentiary board of diretors ex
.pire 'this year, and it will be neees
sary for -The board to elect their sue
cessors as well as a successor to Capt.
D. J. G.riffith, the superint;endent.
There has been no opposition to Capt.
Griffith, and unless some asnnounee-.
ment is made by some candidate wit:h
~in the next few days he will again
be 'reelec ted without opposition.
The members of the board whose
terms expire are: J. W. Smith of
Smoak. J. G. M.obleyv of Winnsboro,
arnd A. K. Sanders of Sumter. There
will probably be a.number .nominated
for t:bese positions, among the names
imentioned beinez Cap>t. J1. H. Brooks
of Greenwood. a former senator and
a genih-:an well known throughout
the State.
There will be several vacancies on
boards of t.rustees to be filled at tis
session. In addition to the terms ex
pliring, Mr. Peake of Lexington has
resigned as he is now a tea'eher at
Clemson. and ex-Senator Efird is an
nounced as a candidate for th~at
place.
According to statements maide pre
viously by memnbers of :he incmmne
general assembliy. these elections will
be disposed of as quickly as possible
and in order that the other hbusiness
may be disposed of. it being the ex
pe'rie'nee of .the older mnembIers that
for .at leaist two or three (i:'I' Mpf'
an eleetion it is almost impossible to
annact any business.
TILLMAN AND ROOSEVELT..
Tillman Was to Reply Yesterday ti
President's Accusations With
Regard to Land Deal.
Washington, Jan. 10.-No subjeet
has been gossipped about ,recantly at
the capitol with such fervor as Pi esi
dent Roosevelt's diseclosure of Sena
tor Trillman's alleged connection with
an Oregon land deal, but tha collea
gaes of the South Carolinian are in
clined to withhold judgment. until he
has had .an opportunity to explain.
The fact that the senator will read
his explanation probably -will rob it
of some of the sharp and homely -api
grams usual to his speeches.
Many expressions of dissatisfaction
are heard because of the manner in
which the president mad,, public the
material gathered by postoffice in
spectoqs about Senator Tillman. It is
pointed out by senators that ,the mat
ter sent to Senator Hale was not in
responsa .to the latter's request to the
-heads -of the executive departments
for a statement of the operations of
the secret service, as the investiga
tion of Senator Tillman's alleged at
tempt to obtain Oregon lands was
proseeuted by inspectors of the post
office department.
It was rumored at the capitol to
day that the president told a friend,
who -repeated ithe remark, that an ef
fort was made by Senators Hale and
Aldrich to suppress the facts'.aboat
Senator Tinlman. Undoubtedly this
simprassion was gained by a visit to
the president by Mr. Hale, who sug
gested that the mat.ter relating to Mr.
Tillman be withdrawn.
iPtesident Roosevelt deelinedl to
withd:.aw the .reference.
Tfhre is no question that the con
ditior of Senator Tillman's health is
serious. Close friends on the Demo
era.tic side of the senate ehamber ad
mit their anxiety over the effect the
president's chairges may have upon
Mr. Tillman.
Some of the .senators who have ex
amined all of the evidence produced
by the.president and the postoffice in
spectors say that if the facts are as
represen-ted. the offense was one of
impropriety and indiseretion, but that
no crimi-nality is involved. T was
said that Mr. Tillman might have in
troduced his resolution calling upon
the department of justice to begin
proceedings to compel the sale of the
Oregon land at $2.50 an aere, in ac
cordance with the original grant, and
'at bhe same :time apply for some of
the land withdrawn withou.t making
himself the 'target for several critie
Iai his .t:.zement in February last
the senator said that he had not
bonght any Wat.erni land nor had he
'undertaken'' to buy any.
The evidence submitted by the
president -shows t,hat prior to this
statement Mr. Tillman had made ap
plication for nine quarter sections.
Defending thimnself against the ap
pearanee of 'having made a mislead
in sta.tement, Senator Tillman told
his friend's today tha.t he should have
said on t<he floor that 'he had "not
contrated " -to buy anly l'and, and
that the whole case against him *has
been built upon the interpret ation
placed upon the word "undertaken.
THAT CLEMSON TRUSTEESHIP,
What About Members of the General
Assembly Who Are Holding Sim
ilar Trusteeship?
T1he followving is an editorial from:
he Columbia State o)f ye4terda.)
morng:
"It is Such a Little One," Pleads
The Mail.
The Anderson Mail does not take
(tMn 1r i2h e'rV11a in defense of
Sentor Tillman's necuneyC of two.
or several offiees. in opposition to the
constitution. It urges that .the sena*
tor's explanation tiat he was a trus
tee of Clemson when t'he constitution
was adopted "should be satisfac
torv" for "a i-s a well eettled legal
prieinle that laws es forward and
nt backward.'' Had the Mail fol
lowed the d'iSenS'ion-. it wol have
known that that point had been met
by the S* ata e'.Wn we aid that a
of sen:ator exd.'l. M, h
If the eonotttion did not af.ul,y t(
eonditions existing in 1895, it did ap
ply when those conditions changed,
and they changed when ti-e term of
senaltor, then being served by Till
ma-n, expired.
"But wh-y all this discussion over
t:he m.fter? What principle is in
volved? What in.terests are suffer
ing?" queries -the Mail. In answer
we -say that this disuession was not
introdtced by any person or papers
rated as tha senator's "enemies."
The County Record of Ki.ngstree first
made brief comment. No other pap
er took it up until Sena-tor Tillman
presented a. -lengthy reply to the Re
cord. His assumption Was in direct
opposittion to the position taken years
ago by the State and by several niem
bers of the legislature, an, it was in
opposition to our understandlinu- of
the law. To have permitted that a's
sumption to go' inehalienged would
have been -neglect of duty. He press
ed the issue, and we presented the
law. and challenged him to get a de
cision from the courts.
The pin-eiple involved is a ve.ry
great principle. Tt is the principle oL
whether any man shall be above the
law; it is 'the principle of whether the
law Ohall be obeyed by ell, or twisted
to favor certain persons. Th- 01es
tion is not whether Tillman ,stablish
ed Clemson, it is not whether the peo
ple wish him to be the trastee - of
Clemson, it is simply whether tbc law
forbidding the holding of two o'ees
of hionor or profi-t shall be abeyed by
Tillman. And if it need not be obey
ed by him. why should it be obeyed
by any one ? Clemson, we arA in
formed, pays its trustees per diem and
mileage-and the funds for payment
come chiefly from S.uth Carolina.
So far as the .State is eoncerned,
we do not ca,re a red coppeir how
many trusteeships Tillman holds, No.
do we eare for the prejudiced ignor
ance which says 'Oh, it is the same
old fight on Tillaman." When wF
make a 'ight, it is backed bv argu
ment and' t.hose who refuse to consid
er the reason of reasoning argument,
but fall baek -upon ch.arging prejn1dien
to us. are too narrow to be cons'dered.
Nor has t Mail or any, otlr de
fender of Tillman's course theright to
asse,-t that any newsnaper or publit!
man has been "blind and unrca.'n
ing'" in "opposition to Senator Till
man on all thinzs.'' Who are they!
And what pa,pers and men have
''weakened'' themselves by this poli
e.y, and ''strengthened'' Tillman!
Those eeneral'i.ties are not arguments.
.and they convince no one. Buh: il
they w'ere true, it would still be the
duty of the papers to combat what
t:hey believe to be a wrong, whetthe
Senador Tillman or a ba.ekwoods m?ag
istrate is t'he offender. It may ha
as tthe Mail says, ''.mueh ado over m
litt.le matter,'' bi:t it is cheeking ag
gressions 'in little matters that pre
vents aggressions in greait matters
And it is standi.ng fir the law at all
times that tinspires respect 'for the
law.
SENATE ROUSED.
Would Know President's Authorit3
for Approving Steel Combine
Passes Resolution.
Washi.ngton, Jan. 8.-By a vive
voce vcote the senate today passei
Senator Culberson 's tresolution in
structing the commnittee 'on the jud'i'
eiary to report to the senite whether~
the pr 'nt r aI'+h!rbed to per.
m i dh -h>p.t- of t.he Teniosc
Coland Tron co m pa ny by the Un ir
ed St:te';Steel corrpor:'tion.
Praelingt'i t noti'}n. Senatoi
H'> --i, -. trenewelnz his i bieet j'i t'
the resolution on the ground that thE
pre'sidenit did .not :lpprove the aet ol
t *'acel ( or'm ; t' n 'in absorbinz th(
Tennessee Cosal and Tron compiany
mo-ed to lav Senator Cuilbe.reon '< r
rhition on the table as soon as it wat
alBed by the Texas senator.
On that motio'.n the v,te was: 1
yea-s and 47 nays.
All of the seniators voting to 1in
the resolution on -the tah)l were Re
publieans and of 'the 47 rvte ne'-"insi
tihat motion 21 were enat by Demo
erats and 26 by Republicans. A;
soon as 'this test vote was anno)nneed
Mr. Culberson 'moved t he adlopt ion ol
H& resolution 'and he a vi r-.1 rve voitr
it was adopted, no division hein2' e-ill
ed for.
TILLIN SHADOWED 1
BY SECRET SERVIGE
th'
PRESIDENT SUSPECTED HIM IN pl:
OREGON "LAND 'rRAB." NI
w<
Report Before -Senate-Result of In- pr
vestigation Communicated to Up- ua
per House by President.
, 1he
Washington, Jan. 7.-By direction
of President Roosevelt secret service Mi
men shadiowed Senator Tillman of of
South Carolina on the theory that hi
'he possibly was interested in an Ore- -s
gon ''land grab." and the result of na
that investigation is now before the ai
senate. ra
The information was contained in er
a communication from President 00
Roosevelt sent in response ito request ed
made by Senator Hale to the heads m
of .the executive departments for a SE
sbatement of the aetitvities of 'secret in
service operatives. Exhaustive re
plies were made by the various de- tO
partments -and all of these were for- in
warded to 'Senator Hale by the la
president. They have not been made "
public and Senator Hale announced Ti
that they would not be given out until in
after they had been considered by a
subcommitftee of t)he committee on ap
propriations, which will be charged b(
witih the duty of acting upon the '
president's .annual message relating I
to the secret service and criticising m4
members of congress for their re- tb
striction of its use.
Soon after President Roosevelt's
communication ;to 'Senator Hale was
treceived at the capitol yesterday it
beam-e noised about that it contain-A
ed a reflection upon .a senator from
a. Southern State. The name of the
senator in question was not divulged
for a time a'nd as a result the atmos- R
I phere of the-senate was saturated with
i eiiosi-tv and much speculation. When
it finally became known ttb-t Senator
Tillman was the member .named. fur
-ther effmrts to procure information
concerninz the charaeter. of, the
charges were made, but they were
without avail.
Advance Information.
Throu*h the faet that several sena
tors had advance inform-ation of the R
character of the ireport which was to
be sent to the senate, it was learned
that the inre-,tgat.ion of -Senator Till- a
man followed 'an at.tack which h.e C'
made in the senate nearly a year ago0
upon an Oregon and company, which
had used -his ,name as one of the per- h
sons -interested in the concer.n. Pre
vious to that -attack Senato,r Tilhnan si
had introduced a resoluition direiting '
tie attorney general to prosecute t
snits -aeainst 'an Oregon railroad eor
pc.ration which had reeeived land C
sirants in the kite 60s for :a li'ne from "
a California point to Portia.nd. Ore. ~
Mr. Tillman had said th.at the use of 9
his name was withou.t authority and ~
as .a result -it is deeleired that several '
persons interested in t.he land grants
became -a.ngered.0
Some of the interested parties are
reported 'to have sent to President n
Roosevelt copies of letters alleged to ~
have been written by Senator Till- b
man indiec.ting that he had an inter
est either in one of the land comn--f
ranies or would be benefi-ted through ii
the land company's obtai-ning posses- P
ion of the grants in question. Af- p
ter receiving .this informati~on, it i-s il
s-ad. Pre,siden't Roo;evelt directed -a &
seeret service op'er.ceive to inves'tienite d1
'e r-o.rt 9m,to: T:lln.ln ws alleged {s
-' hare in U'e 1:' i ('e.
The ren:::t seng~ *.) the scna:te is un
dersto'd tb can.tain an account of m>
th investizatIion made o'f Senatm I
Tilman. It is known that the secret '
ser SCI'operative procured p)h -to
erphie copiies of T.ill:a' er*. re*t P
1ndrnee, but whether these e:hibits
were .enlt .to Sena:tor H1ale is o nor tI
Iknown.
Sentor Refuses to Comment. I
Senato:r Tillman wvas not :rre' o1
the fact tha.t his name figu:e'l in the
reprts until la-te today. He then
.11.. pa-ins to assure himself ! ith '
- reports c(,neerninlg the mnftion of I
N me1f we-re well fonnded. but he :e
fused 'to commen.t uno" the f'~i "'
,ther tii.nu to siy that -he wo'ihi not
onke any; statemen1t until the fret ii
ei.1, b-0,1->)?ted, when he w"
addre- him4elf to the subjoet ,
hi sa in the senate. It is k-nown
Immediately after the conclusion
of the chaplain's prayer Monday Mr.
Tillman will ask the recognition of
the chair on a question of personal
privilege. Departing from . his eus
tom of extemporaneous speaking, he
will read his statement, thus insur
ing more careful adherence to what
he desilres to say than -he would be
able to give in an offhand speech.
The" eommuniciation to Senator
Hale is nearly 3,000 words long and
in addition there are appended hnmn
erous exhibits, including copies of let
:ters written by .Senator Tillman and
his agent, William E. Lee, showing
that othey did make an effort to se
enre several quarter sections of the
Oregon land, and the reports of the
postoffice inspectors who investigat
ed the transactions of the land agents.
It was-through ,tthis investigation that
the alleged interest of Senator Till
man was brought to light, and fate
fully, it appears, it was -at Ins insti
gation that the.inquiry was began.
Investigation a Duty.
The president's communication 'to
Senator Hale opens with the state
ment that the secured for the sen
ate information touching the employ
ment of special attorneys, special
agents, inspectors, etc., and the re
ports conveying this information 'he
was trainsmitting. 'Dhen he says that
it is "not only the right but the duty
of congress to investig4ate the work
ings of the secret service or d-etective
agents by which alone the govern
-ment can :effeetually safeguard itself
against wrongdoing, punish crime,
-and bring to justice oriminels.
The prsident continues:.b
"It nevertheless remains true that
this system, is bsolutely indispensa
ble if the popular interest -is to be
adequatelg safeguarded and wrong
doers staught to fear the -law.
*lhe president says:
"I -would like to state here that
very frequently accusaitioris have been
made to me privately by members of
the 'two houses to the effect that the
secret service has been used as 'police
of morals' cr ito shadow senators, con
gressmen .and other public officials.
Hitherto ,the effort ito discover the
basis for such allega-tions has always
been frust.rated. I should.be greatly
obliged if any information could be
fornished me tending to show any
instance wdiere this has been done in
times past."
The president enters upon a discus
sion of the operations of t'he special
agen.ts 'and inspec4tors, saying that in
A the investigation of specific frauds
the operaitors "somhet.imes come
across wholly unexpected phases of
miseonduet."
Often, says ,t'he president, the
abuse of t'he frariking -privilege is
unknow.n 'to ,the eongressmen themn
selves. Then,' leading up to the Till
man matter, he says:
Case "of a Different Kind."
"'But a case has just arisen of a
different kind, which, it seems to .me,
I shoQuld put before you a's ilhiustrat
'ing in st.riking fashion the way in
-'which investitgation begun by any of
the various agencies -in 'the strict line
of thiei.r duty may develop facts of
high importance, which the investiga
-tors would not in ;the first instance
have sough>t to discover, which dis
covered, ought -not to be hidden or
suppressed, but .the developme:.t of
uThich may tend to crea.te an erron
eous -impression that the agents in
question were being used for purposes
not within the line of their lawful
c1The' comnmu nication then recites
-tet Sena.tor Tillman on Februarf 19
1ast. e-alled .the attention of the sen
:te to the circular of 'the Oregon land
syndir-ate, which alleged that Sena
tor Tillman was -among those who
had spoken for a part of 1the land to
h"a disipose'd of and qiuotes 'Senator
T;ll'man's denial as follows:
''1 'have not bought any land any
where in the West, nor undertaken to
buy any. I have made some inquir
esas one naturally would, in roaming
through the West. I simply want 'the.
tpeople of the country to be put on
notice that this swindler at Portland
hsno wanrant whatever for endeav
oring to inveigle others into his
game."
Enclosed, the president says. Mr.
Hale would find photographic simniles
of lette'rs and enve-lopes from Senator
Tillman 'and ;his agent. William E.
Lee. baring on the matter. A letter
wever, that Mr. Tillman regarded
e mention of his name as an at
ek upon himself by the president,
d he has indicated to friends that
will -not mince matters in his re
v. He also had declared to those
th whom he eonversed that he
>uld welcome the opiportunity to ex
ess his views and explain the sit
-ion. .
It is probable Mr. Tillman will ba
a-rd on Monday next.
On February 19, 1908, Senator Till
In rose in the senate -to a question
personal privilege and said that
s ettention ihad been called to a
hem-, of swindling in which his
me had been used .ather unpleas
.tly and without the slightest -war
nt. The .senator held in his hand a
7eular hea'ded, "How to make $5,
0 ou,t of $200." This circular call
.attetnition to ee.rtain la-nd' grants
Oregon and ,to the activity of
nator Tillman in iaving the senate
vestigate t<hem. It stated that
Senator Tillman takes 11 quar
rs," and that the lawsuits to be
stitated in order to recov!r these
nds were promised to be pressed
th great vigor, because Senator
lman was behind them. Commr.?nt
g upon ithis situation Senator Til.1
an -at that time said:
"As a matter of fact, I have rot
>ugh,t -any lands anywhere in the
est, nor do I intend -to buy any.
have made some inquiries, as one
iturally would. in .roaming through
e West. I simply want- the peop-a
ithe country to be put on notice
at this swindler at Pontland has no
arrant wbatever for endeavoring to
veigle others into his game.'
HE PRESIDENT'S bHARGES
AGAINST SENATOR TILLMAN
oosevelt, in His Report to gale on
Work of Secret Service, Accuse4
South Carolinian of Using His In.
fluence in Upper House to Forc
Railroad to Relinquish its Title tc
Land Grants 'That He and His
Family Might Profit by Purchase
of Real Estate in West-Also Al
leges Abuse of Franking Prilivege.
Washington. Jan. 8.-Presideni
oosevelt to?iOht made public the
Atails of an investigation by post
ee inspectors and secret service
zents of Senator Tilhn11n-'s a.lleged
nnection witth a "land grab''ir
reon. As 'he presents the evidence
'Senator Hale in response to thE
titer's request to the heads of ,th(
rious exeentive departments for 2
a.teiernt of the operations of th
wret service .the presid.ent under
kes t'6 show:
"Tner, Mr. Tillman us3d his influ
ice as a sena'tor in an effort to faret
e governmlent to compel a railroad
iroaton 'to relinquish its cont-ro
land grant's from 'the United States
order .tha.t he and his fa:mily and~
is seeretary. J. B. Knight. mighi
ofit t'hrngh 'the purchase of somE
E the land.
"That the senator used his govern
ent franking privillege in numerous
Lstanes for the conduct of privatE
Comparatively few senators wer.
irared witah -the opportuni,ty of read
ig the president 's report to Senato
ale, bpt those who did read the re
rt 'took a serious view of it. al
imuh mo-t of the sen'.tars refused
>beiere +:hat Mr. Tilinm n'ad evel
on~ ernvthing in vialbtion of his
ihas senator.
Sen, tar Tillm' n. did nit permilt the
.t t .:he pre.'ident was givins
it the charges against him to altei
isdetermin:vtion t-o :r'ke ni: state
K-nt rutil M)lndarP. lHe -'a thia
could not m"ki h-i. reply o <rm
lete? as hie would die fot r : eno
a' paper's and thi he v:i
:'eref; re withhIiold w'he: ever rem'arks
a might have to make until Monday
hn he 'would make a statement .t(
le senate.
Tried to Get Land.
No effort was miade by him to con
'l ,the fact ,that when lhe had learn
1 .the facts co.necirning the railroad
rt he had ma:de :in effort to oh
Sportions of 'the land in the namnes
'him.mlf and members of his famn
. ht dleThrred tha:t as. a-t most, hi
'..e!' .ilf "f thr. --u -b i nd
.t eseall in his own interest.